hello,my mother died in 1994,my father in1999 with no will, they left me the deed to a home in shreveport la. i live in calif.do i hve to come to the state to file succcession papers? And do i really need an atty. to do this.the property is only worth about .28,000.
The only way to have title transferred into your name would be to open your parents' successions in Louisiana.
I would like to no what rights my sons dad would have if I got him for child support
The rights of the boys father are not dependent upon whether or not you "got him" for child support. Once paternity has been established, he will have visitation rights set up by the court, and he will also be required to pay child support and will get in trouble if he does not pay it.
what time can consturction start in a residential area in Pittsburg, CA.
You need to call your city building department for that information.
The code on protective headgear while riding a motorcycle is as follows;
O.C.G.A. 40-6-315.
(a) No person shall operate or ride upon a motorcycle unless he is wearing protective headgear which complies with standards established by the Board of Public Safety.
(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he is wearing an eye-protective device of a type approved by the Board of Public Safety.
(c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes.
(d) The Board of Public Safety is authorized to approve or disapprove protective headgear and eye-protective devices required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The Board of Public Safety shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved by it.
O.C.G.A. 40-6-316.
The Board of Public Safety is authorized to promulgate rules and regulations to carry this part into effect and to establish regulations for safety standards for the operation of motorcycles.
I wrote and asked for a copy of the list as demanded in paragraph (d). I received a letter stating that no such list existed and that the Commissioner of Public Safety has issued regulations establishing standards and specifications.
As this law is written, considering paragraph (d), can the CPS substitute specifications for a list? Thank you kindly for any information and help you can give.
It sounds like they have exactly complied with the statute as written. The statute says they should establish standards and they have done so and published them in a readily accessible form by publishing their rules, which they referred you to.
The other part says that they should publish lists of any headgear they have actually approved. Unless they have actually approved any specific headgear, there would be nothing to publish.
I gather there is a question you did not ask in your post (such as if I wear headgear and get charged, how do I prove if it's on the list or not). A skilled lawyer might work that aspect in your favor. Since you chose not to ask the actual factual background that would give you a useful and specific answer, I can't get guess at what you really need to know.
If you go back to court, a year later, to adjust custody, can an ex spouse try to accuse you of infidelity and subpoena text records trying to prove it?? they had suspicions before divorce was final but never brought up. Especially if I'm already re-married or going to be remarried?
No. In a modification the evidence is limited to conduct dated after the entry of the last order. You will need a lawyer, as it is an example of knowing when and how to object to evidence.
is a sme sex marriage still valid , if it was performed before prop.8
This a family law question and should be addressed to a family law lawyer.
The Marriage Recognition and Family Protection Act established that a same-sex marriage performed outside the state is recognized as "marriage" if it occurred before Proposition 8 took effect. This category also includes same-sex marriages performed before same-sex marriage became legal in California.
So yes.
I echo what my colleagues have said. Also, you might keep an eye on the U.S. Supreme Court's 2012-2013 term. If it takes up and affirms the 9th Circuit Court of Appeals' decision in February, marriage equality might be reinstated in California sometime next summer or fall. If it declines to take the case and other marriage equality cases, then same-sex marriage probably would be reinstated in California a short time later and even sooner.
If I Purchase a truck from my father, ($4500.00), who has dementia and gave me his power of attorney years ago, how do I make payments of 150.00 per month to make sure that I do not run into legal issues with other siblings. Do I open an account and make payments to it and do I make the payments payable to my father.
Many powers of attorney contain express language that prohibit self-dealing. SO you may not legally be able to do it (ask the attorney who wrote it). Even if you can, you have a fiduciary duty and can be sued for not meeting that duty. That would mean the purchase price needs to be fair market value and you must pay market rate interest, and the money must be used for him.
And even if you meet all those tests, you don't want to act if the siblings object as the legal fees to defend the lawsuit against you will be many times more than the $4500.
Before you do anything, see a lawyer to review the power of attorney and draft the sale document. That may cost a few dollars, but defending the lawsuit will cost you a fortune.
I have to agree with Attorney Ashman. You will have to review the power of attorney as it may prohibit self-dealing. Assuming it does not, the sale has to be for fair market value of the car. You can get this from a dealer, who can appraise the vehicle, or online from Kelley Blue Book, Edmund's or the NADA Guide. Keep or print the documentation showing what the car was worth.
The money is paid to your father, but if you are the power of attorney, then you will put it into his account. You do not need to create a separate account. You should see a lawyer for review of the power of attorney as it will be well worth the price of avoiding future litigation. He should also draft a bill of sale. If you are not paying outright for the car, then he ought to keep a lien on the title as security for the payment.
You absolutely MUST keep records and account for every penny of the purchase price and be able prove, via documents, that the money was given to your father and used for his benefit. You also probably ought to make your proposal to the siblings and get them to sign a family agreement indicating this is ok.
if I have someones belongings and they owe me money can I keep them until they pay me back
You can probably keep them until the person demands their return. Unless the belongings were somehow collateral for the debt, I would return the belongings on demand. If someone owes you money, send them a demand letter and then file suit. If you would like some assistance, please contact my office at 617-357-4898.
I recently hit my landlord's fence with my car and though it's not broken ( it's only bent), my landlord wants to replace the entire fence and wants to use his own handy man which is expensive for me. he has refused me using my handy man who wil fix or replace it at a cheaper price, does he have a right to do that?
No, he doesn't. If you want help, email me at [email protected]/* */
All the best.
My father passed away leaving a house. He has a will. Does the sale of the house go to the siblings
The house becomes part of his estate only if he owned the house as an individual. His siblings inherit only if he has no spouse, parents, children or grandchildren surviving him.
If the house is owned jointly with another, it goes to the survivor,
The house is inherited per the will.
My child's father is the non custodial parent, he wants copies of my daughters ss# and birth certificate to claim her on his taxes. He does not have custody of her for half the year, but he does pay child support. The issue is I was unemployed this year so I could finish my college degree. Will he be able to claim her since I had no source of income. I really am not comfortable with him having this amount of money because I don's trust him and he does not even support our child. My daughter has one over night visit with him and she spends that one night at his mothers! I need advice!! Thank you!
Unless a court has Ordered otherwise, the standard for claiming a child or any person as a 'dependent' for income tax purposes is the primary support test (ie. who provides the majority of the support for that person). There are rebuttable presumptions that accompany primary residence (residing with a party for more than 1/2 of the year) however, if more than one parent claims a child, the Internal Revenue Service will conduct an audit to determine who is the proper party.
My daughter is 4 yrs old. Her biological father has not been in her life since she was 2. I am only looking for the next step to take. I know this will include speaking with a family law lawyer. I am solely looking for advice and guidance. Her father checks in maybe once every 8-9 months but makes no further communications. I would like to terminate parental rights from him. I feel like as though he he corresponds only when he is told too. We were never married and there is no court ordered child support nor do I wish to ask for any. Please let me know my next step.
If there has never been a court order you may do anything you wish, but I do not see a basis to termanate paental rights. If you want to place the burden of action on dad, move out of the area.
If you want to terminate his parental rights, this is a complex procedure and for sure you will need a lawyer.
John A. Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
[email protected]/* */
www.careyandleisure.com
You asked me why now? Because I do not want my kids/grandchildren to think I was the person who burned down his school.I just wanted to know if this was possible after 37 years.You did not help at all. Sarcasm and disbelief...thanks anyway
John M. Stahl
I did not answer this question, sir.
Hubby and I agreed on paper that we would buy a mobile home from a Lady who sold it to us (on a note) for $26,000.00 she even drew up an amortization form which says after the $26,000.00 is paid, we are done. Now she says we owe an additional $20,000.00 which is not in any agreement and this mobile is valued at $3,600.00 only someone with severe mental disability would agree to pay that much for this! Can we sue her for changing the amount?
You need to hire an attorney to review everything and give you specific legal advice. An attorney should be able to save you more than he costs you. You may call me for a free telephone consultation.
Good morning,
I am a 39 year old woman living in Illinois. I have a daughter, 18, currently in college in Indiana. I was diagnosed with cancer 7 years ago but it has returned. I have not told my daughter yet but about the cancer as I don't want her to worry about me. I would like to give legal custody of my daughter to my mother in the state of Mississippi as I don't want her to watch me deteriorate. My mother is retired with a fixed income and can not afford to pay any portion of my daughter tuition. My daughter will incur the cost of her education through financial aid, loans and work study. I spoke with the Admissions Department at Mississippi State University and explained my situation. I was informed that I have to provide legal guardianship documentation to the Admissions Office as not to incur an additional out of state fee. The state of Illinois considers my daughter an adult. My daughter is not disabled. I can not find any information on the adult guardianship process for individuals that are not disabled in Illinois. Please help I heard that this is a lengthy process would like to get this and my will situated ASAP.
Sorry - Mississippi. She probably need to become a resident of Mississippi. check with a lawyer licensed in that state.
I work in a factory there is a person there that has a stomach problem an some time see dont make it i find it very afenceeve . Thesome people that she work with is startingto herrass this person .It is causeing her to be depressionan making it hard for her to come to work. She has went to doctor an they have not find out completely what wrong .Is there a legal asnwer for her or work to take.
No, probably not (in my opinion).
How are you, i bought a vehicle from a dealership a year ago around this time, the dealership shut down they sold my car and never paid off my bank, the bank never received the title so the title is not in my name nor the bank is the lien holder, this is affecting my credit what can i do?
Unless the dealer has assets and is not in bankruptcy, likely very little.
Eventually you likely wil be sued on the other car and unfortunately could be forced into either paying it or bankruptcy.
How to respond to question that states "you lied"
we need more information to answer this...where did the question come from?
can your boss yell or cruse at you as if you are not human?
yes unless it violates the law (race, sex discrimination, etc.). If the boss is a manager you can report it to HR. If the boss is the owner you can quit.
Is it against the law in Texas to copy a check that was made for payment and keep on file.
No!
kbr
i have been working for kbr since aug 2004 in iraq. i saw your ad in the stars and stripes news paper. these people have been ripping off all of the workers including me on hazard pay. i saw there was an class action law suit handled by the firm. im would like to be part of the suit if i can. im still working for them in baqubah, iraq right now. let me know if i have any merit or chances or how the suit is going. alot of us workers are keen to the subject.
Re: kbr
There may be a class action lawsuit against KBR, but it sure isn't being handled by our firm. I don't know who is handling it, or where the lawsuit (if any) has been filed.
Do I have to File for I-130, if I am a Cuban born/ naturalized citizen of the US and I want to adjust the status of my wife ( non-cuban who entered the US legally but stayed after the allowed time frame)
Yes, you need to file the I-130, I-485 & other forms & documents. For more information, see: http://www.uscis.gov/family/family-us-citizens.
Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM
How do I find out if my sister left anything to my children or myself? She died of brain cancer last week and her partner has power of attorney. My sister told me a few years back that she was leaving money for my children and myself
I am sorry for your loss.
A power of attorney expires at the time your sister died. Her partner can no longer assert she has power of attorney.
Have you asked her partner if she left a will or trust? If yes, will she provide a copy to you? If not, do you have any idea what your sister's estate looked like or how much it was worth?
You should consult personally with a probate litigation attorney in the county or town where your sister lived. You may have to file a probate petition to gain access to your sister's records and assets.
i am getting divorced. last year my brother past away and left me his 2010 truck rifles tools etc. other complications came up and i had to put the truck in wifes mothers name. ended up seperating from wife,and signing aggrement inwich i paid her mother 5000 dollers and agreed to give my wife 1000 dollars a month for 6 months in wich time she could use the truck. i also agreed that i may sell the truck to get good transportation for both of us. during seperation my wife agreed and wanted to leave her house and move in with me,which she did for about 3 months she got a gob got mad and left she hadmy truck until 2 weeks ago at wich time i have got it back. she wants to try and get me to hold to that old aggrement. the tuck is in my name. can she make me sell my trruck which was inheareted.
All of the property you inherited from your brother is "separate non-marital" property = meaning that your wife is not entitled to any of it.
If a tenant decides to break a rental aggreement lease and move because they were robbed at gunpoint on the premises, should they sign a waiver not to sue to rental property to get back their security deposit and waive the fee to break the lease, despite prior incidents at the rental property and their poor security?
Depends which side of the fence you are on. Assuming you are the tenant, don't sign that release until you have discussed this issue with at least 2 attorneys: one that specializes in contract and real estate law, and one that specializes in personal injury/negligence.
I am particularly concerned with your allegation of poor security and physical violence. If there were any damages from this event including trauma, physical injury and/or loss of property then you may have a claim against the landlord.
Best of luck, be safe.
our house has gone into foreclosure & been sold but we have not been served any "vacate" papers..will we be served papers & given 30days or are we subject to being served & tossed in one fail swoop? we wont have money for the move for about another 2 weeks..
The foreclosure purchaser can seek possession after the sale has been ratified. You have two options: either contact the purchaser and try to arrange for a specific move-out date OR simply wait until you get served.
Yes you will be served papers but no you might not have 30 days, this may be closer to 14 days. You'll receive a notice with the specific date. Note that the rules are different for bona fide tenants living in the property - I assume from the wording of your question that you were instead the former homeowners.
HHow do i give my mom custody of my son...his father is deceased. I am voluntarily doing this because i can't take care of him. I want to do this cheap and with a bunch of court mess. I want it done asap.
The easiest way is to hire a competent and experienced family law attorney.
Look on this website & on www.avvo.com
Please don't try to do it yourself or buy an on-line kit sold by a company out-of-state.
Just hire an attorney & do it the right way.
Since you are agreeing, it should be fast and easy. You just sign some papers. Your mom will do most of the work. You just have to agree and sign the papers.
It should not cost a lot if you continue to work together. You will also need proof that the bio dad is dead. The attorney can help with that too.
Thanks for doing the right thing for your child. All the best to your family!
I purchased a car paid 3000 down . O made 2 payments. Loan company say they never got my payments. They reposed my car. What can I do?
See a consumer Lawyer. If what you said it true, you have a good case. See www.ConsumerLawyerHelp.com.
In Florida can the landlord turn off my AC, even tho he pays the electric bill?
not legally
In Florida, this would likely be grounds for a constructive eviction. Seek legal counsel if this has happened to you.
A truck is trying to make its way across a busy sidewalk and police officers are on either side of the sidewalk telling people to stop so that the truck may pass through.
Do people have a legal obligation to stop walking on the sidewalk despite it being the respectful thing to do? As far as I know, police officers cannot ask you to stop without probable cause. Would any of this change if it was a "special event"?
You're mixing up two different legal issues. If you have been charged with a crime, you need to speak to a criminal defense attorney.
On a marital dissolution agreement can you write in changes and initial them if need be without having to redo the papers
Absolutely not. In Tennessee, only the court can legally modify the MDA.
My mother is in assisted living and it is being paid for by her pension, social security and her savings. She still owns her home free and clear. Would she be ever forced into having to sell the home if she was to receive Medicaid?
Under current Michigan law of estate recovery, I would say no. That is looking to change soon. You should seek the advice of an elder law attorney for the proper planning. Tim Klisz kliszlaw.com
i recently had two abandoned vehicles that sit in my driveway towed. one vehicle was sitting for 8 months without permisson. one morning my husband and i woke up and seen a teenaged relatives vehicle parked broke down in our driveway. i recently informed them that the car would be towed, giving a deadline. now after having it towed the parents want to press charges against me.
For what? And if the "parent" are pressing charges, this seems like a criminal issue, not civil. If criminal charges are brought, then you will need a criminal defense attorney.
I do not know who you informed them or how. If they are minors, you would have had to give notice to the child's parents.
For now, I would wait to see if you are charged criminally or sued civilly and then get a local lawyer as appropriate. The parents of the teen may just be bluffing. At most, I would send the parents a certified letter, outlining when the car was left at your property, what steps you took to have the owners remove it (provide a copy of any letter or recite the details of when, where and how notice was given) and give them the name of the towing place that got the vehicle.
At what age do kids get to make a choice as to where they want to live?
Kids never really have the right to make a choice as to where they want to live. Either party may make a Motion to have the minor child testify. The court decides whether to do this on a case-by-case basis, and will most likely want to meet with the child to determine whether or not to allow the child to testify as to a preference of which parent to live with.
Even if the child is allowed to state a preference, that is only one of many factors that the court will consider in making a determination of where a child should live the majority of the time.
If your husband walked out on you and you cannot afford at this time to start proceedings for divorce and he is on probation for driving suspended license and charges were filed against him for hitting a man in a vehicle because he is legally blind do you have to let him take your children if you feel that it is not safe for them to be with him, people have seen him doing things that are not allowed on his probation. I guess I'm really asking will this later on get me in trouble when we do get a divorce. I'm am a concern mother and I have two girls one three and one seven. And also he doesn't have a permanent place he is staying right now...
If you have no money then there are free (pro bono) attorneys available if you qualify. You need to look on the State Bar of Texas website and see where the pro bono organizations are in your county.
Many attorneys offer a free initial consultation for you. Many offer payment plans.
Many churches will help you wlth your legal fees.
There are many non-profits that help people with their legal expenses if they feel that their children will be in danger. I worked at Houston Volunteer Lawyer Lawyers and I saw it happen quietly while I worked there.
If you and your children are in danger of this man then you need to enter a shelter. Yes, it is horrible but it helps you with many programs.
I hope this helps.
God's speed.
I recently had my job eval. I found out yesterday that the contents of this eval have been discussed with a group of department managers because the administrator of our facility felt that she owed them some sort of explanation. What are my legal rights here? I feel that this is a breach of confidentiality & defamation of character.
I may be missing something here, but it seems perfectly reasonable for a group of managers to discuss job or performance evaluations. You mention defamation. Was there some false information about you discussed?
Is it legal in the state of Florida for an 18 year old to possess a handgun in their vehicle? From what I've gathered it is legal provided that the handgun is not within immediate access and is not on their person. Does the handgun need to be unloaded?
It is illegal to carry a firearm on you in your care unless you have a license or unless it is "securely encased". "Securely encased" means it is in a holster or gun rug that is snapped, zipped, or strapped, or in a box or container with a closed lid or top so that the lid or top must be physically opened in order to use or fire the weapon. It does not matter if it is loaded or not.
Christian Denmon
Tampa Criminal DUI Lawyer
Can my company fire me if they told me my background check came back ok and i started work? They actually didnt even send it off yet, and when they did send it off and it comes back, then they fire me.
Unless you have an employment contract that guarantees a term of employment, yes.
constitution as well as nj law in rules governing criminal practice states 8 things that lawfully should occur at the first appearance after filing complaint in the 72 hours after arrest. what happens when 2-3 of those things don't occur in a certain county, not just to a certain individual but systemically? in addition, if this appearance doesnt take place even as far as two months down the line of incarceration. what is the recourse? Are these things grounds for immediate dismissal?
No it does not mean an automatic dismissal
My Ex Wife is sueing me for part of my retirement because of I am being held in contempt of the court. But I never had a Retirement when we were married. Is it legal for he to do so in the state of Maryland?
If you had no accrued retirement benefits at the time you were divorced, your ex isn't entitled to any now. Even if you did have benefits at that time, if the court at the time of the divorce didn't grant any benefits to your ex, or didn't reserve the ability to do so in the future, and it's been more than 90 days since you got your divorce, it's too late for your ex to go after them. I don't know what your reference to being held in contempt of court is, but if it's related to your retirement benefits, it may be that you were ordered to share them at the time you applied for them and are now refusing to comply.
my daughter and boyfriend have been living together since 2002. they have a magazine business which they do out of their home. he is now forcing her to leave the home with nothing. she now has no job, and no income. does she have any rights in this matter?
Depends is there a partnership agreement? Or any other documents relating to the business?
John
unlicensed driver,could I just pay and skip mandatory court?
If it is an infraction, yes. If it's a misdemeanor, then no. Unlicensed driver - Vehicke Code 12500 can be either misdemeanor or infraction.
I have a divorce decree that states in total: "I agree to pay half of the girls post high school educational expenses". (I have 2 daughters) who both received the Hope Scholarship which pays all of their tuition at UGA and a book stipend. Am I obligated to pay any other "expenses" or is the Hope Scholarship considered to cover "educational expenses"? If so what expenses?
An attorney will want to review all of the final divorce documents in order to answer your question. Consult the attorney who represented you in the divorce. If you did not use an attorney, then employ one to review all of the final divorce documents.
First of all Hope scholarships no longer fully cover educational expenses. Secondly, no attorney would want to answer without seeing the entire decree and any related papers. See the attorney who represented you in the divorce.
My friend is currently in jail for murder.. he was arrested on a thursday and did not go to court until the following monday. there were no holidays between those two dates. Is that not a violation of the penal code 825? Can his charges be dismissed and not allowed to be refiled?
I do not believe your friend's rights were violated. 825 provides for time if the court is not in session and although the 48 hour deadline probably occurred on Saturday the deadline was extended to the following Monday.
Even if the deadline was a violation the charges would simply be re-filed and he would be arrested before he walked out of the court room. Good try. I suggest you and your friend start looking for an attorney to help with the merits of the case. Good luck
If he got arrested after 5:00 on Thursday, his day for court would have been Monday. 825 has the built-in provision for weekends and other times when court is not in session.
He can discuss this with his attorney to verify the time of booking and when his time truly expired, but even if there was a violation, it would not result in a dismissal without the possibility of refiling. It could (potentially) force a dismissal, but the DA could refile under Penal Code.
Do not count holdiays or weekends in computing court dates.
If they were dismissed, they would and can be refiled. They don't let murderers go easily.
My Mother owns a condo in a building, she doesn't owe any money on the condo and pays her association fees every month and is current with her property taxes and insurance. The condo association says that if we don't obey the CCR's they will change the code on the common front door and lock us out of the home. My Mother is not doing anything to violate the CCR's but she is in her 80's and these people have scared her into thinking that one mistake and she would be locked out of her home.
I told my Mother that changing the code to prevent her access to a condo that she owns sounds completely illegal, even if she did accidently violated a CCR.
I want to put her mind at ease. If someone could let me know, and if they would ever try that, what law would they be violating?
This sounds utterly outrageous. Among the laws they would be violating is the law against stealing property. Locking your Mother out of her own condo, without an overwhelmingly good reason, would be stealing the condo. It would be grand theft felony.
You should get a copy of all written contracts regarding the condo and read them. There should be very specific standards for locking someone out.
Also, Oregon statutes provide for a triple-damages civil action against anyone who engages in financial abuse of an elderly person. ORS 124.100 provides:(2) A vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage in physical or financial abuse. The court shall award the following to a plaintiff who prevails in an action under this section:
(a) An amount equal to three times all economic damages, as defined in ORS 31.710, resulting from the physical or financial abuse, or $500, whichever amount is greater.
(b) An amount equal to three times all noneconomic damages, as defined by ORS 31.710, resulting from the physical or financial abuse.
(c) Reasonable attorney fees incurred by the plaintiff.
(d) Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section.Anyone over 65 years old is defined as "vulnerable." "Financial abuse" is defined to include "When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a fiduciary relationship with the vulnerable person."
Let me know if the threats continue.
I am currently trying to start a mail order beef jerky company and not sure of any of the legal aspects of what I need to do. I was wondering who im supposed to register with. Do I need to register with the usfda? Do i need insurance... Basicaly what legal things do i need to know or could you toss me a link to the information.
First, you should set up an entity for your business, such as a corporation or limited liability company. County (or City) food inspectors may need to inspect the area where you prepare the food and how you store and package your food to make sure it meets sanitary requirements. You will also need a business license and you will need insurance. If you have employees, you must have worker's compensation insurance. Since your product will reach the public, you will also want liability insurance should anyone try to sue you. This is not a complete list and actual requirements may vary depending on what City you live in.
If it is just you, an LLC may be better. Less formalities than a corp., and possible tax benefits - speak with your accountant. You need an LLC agreement, and then to obtain an EIN number and file the required forms with the secretary of state. You will need a food permit, probably from the state dept of health, but this is not my area. You can find sources online. You may need a business license depending on your locality. You may also want business insurance. This is just generally speaking. Let me know if you have any specific questions.
Why dont you send some beef jerky to my office - I love the stuff.
Best,
Daniel Bakondi, Esq.
[email protected]/* */
415-450-0424
The Law Office of Daniel Bakondi, APLC
870 Market Street, Suite 1161
San Francisco CA 94102
http://www.danielbakondi.com
IMPORTANT NOTICE: This communication may contain confidential information, privileged information, or attorney work product. If you are not the intended recipient or received this message in error, any use or distribution of this message is strictly prohibited and unlawful. Please notify the sender immediately, and delete this message. No attorney-client nor confidential relationship is created through this communication. Nothing communicated or provided constitutes legal advice nor a legal opinion unless it so specifies and written agreement for attorney services has been entered into. Attorney licensed in California only. Your issue may be time sensitive and may result in loss of rights if you do not act in time. Thank you.
To supplement (and not to correct) the previous answers, all of which contain parts of the requirements, anyone preparing food for commercial sale must have and use a certified commercial kitchen, as described in the California Health and Safety Code. You should obtain and read at least two of the popular press soft-cover books on starting and running your own small business. Liability insurance will be very important, and your business-insurance agent can probably advise you on loss-prevention techniques. Obtain and use good accounting software, with professional advice on payroll and income tax matters in particular. I do not necessarily agree that an LLC is better than an S-corp. for this business, as LLCs' franchise taxes include an amount that is calculated as a percentage of gross sales, like a sales tax, and there is nothing particularly complex about starting and running a one-owner S corporation.
I receive a call from a customer service payday loan saying that took a loan out in 2010 for 300 dollars and never pay back they transfer me to some officer saying if I don't pay back within the hour they will issue a warrant for my arrest i ask the name of the company he didn't want tell me .he new my information and my social
From the information you have, you likely have a harassment claim against the loan company. You should document any contact you've had with them and speak with an attorney who practices fair debt collection. You may not have to pay any attorneys fees, as debt collection harassment cases often result in the debt collector having to pay the fees. When you explain the contact you've had, try to be as precise as possible, it could be helpful. Good luck to you.
how long do i have to file judgment after settlement hearing
It is going to depend on the judge's orders and any local rules that are specific to your county.
Did you agree to settle the case with an entry of judgment? That is very unusual.
my uncle has money for me from my father which was put into place when i was born the rule was that when i turn 18 i can recieve my money, afta a year of contacting my uncle , i finally caught up with him, he stated i have to wait till im 21, now i recived money from him stating it was from escrow, am i entitled to more money
You may. You need to ask for an accounting.
This is the first question you asked. It sounds like your uncle is not giving you your money. However, unless there is an established legal document establishing your rights to your father's money, then you may be out of luck.
my mother has temmporary custody of my child. the father still has visitation. my fainces job is having us move 1 1/2 hour away. what do i need to do in order to bring my child with me?
Petition the court for permission to relocate and regain custody.
if i do not have a job how can the court make me pay when i do not make any money
The Court can impute income to you based on your earning capacity, which is based off your work history and/or education. This typically happens in cases where the Court finds that someone is voluntarily underemployed or unemployed.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.
Ben Stevens
painting
Is it a law in Georgia that owner of rental property must be painted after occupant leaves before renting to another occupant?
Re: painting
No.
How many times do I have to give my DNA
Probably as often as you would be fingerprinted.
I have a verbal agreement with a friend that was not on the lease, that he would pay $800/ month to help with rent as long as he lived there. Long story short, never paid full amount of rent and then just left without a word leaving him, over time, around $10,000 in debt to me. If I take him to court, will the verbal agreement hold?
Probably not due to its likely exclusion under the Virginia Statute of Frauds,
but it still may be worth your while to consult with an attorney
on this matter to determine whether there may be exceptions that might
possibly apply to your particular situation which might afford you an opportunity to prevail in your efforts to enforce this verbal agreement.
I am no longer on a yearly lease I am on a month to month lease I have been having noise issues with my neighbors so I complained and my landlord posted a 15 day notice to vacate on my door when I have never received any written notice before is that legal?
Yes. He needs no reason to terminate a month to month tenant.
Yes, it is legal to terminate your month to month lease upon 15 days at any time. You now know the benefits of a time certain written lease.
My Dad passed away April 20th, 2010 and left a Last Will and Testament which I just went and got copy of. My question is if I am his only child and my step-mother is the Executor over his Will am I entitled to anything even when nothing is listed on the will which wa Probated 3 days after his burial. Just curious
Assuming that the will is valid, you get whatever the will says you get.
if I'm in the military his mother has a police record he is 3 years old and I've only seen him 3 times. I put myself on child support to ensure he is well taken care of. I feel she will try to get more money do to her not having a job and 2 other kids. I would like to get full custody of my son I feel as though he is not being taken care of as well as I could take care of him
call an attorney for a consultation. NC prefers joint custody whenever possible. You need to seek a modification of the current custody order. If you want full custody, you need to show that the mother is unfit to care for your child.
i was charged with grand theft auto when i drove a golf cart off of a golf course while intoxicated
Ok. Is there a question or are you only bragging?
Ok, talk to an attorney. You're lucky you didn't get charged with DUI also.
father is incarcerated in california. wife and 3 kids moved to California with father's nuclear family. after 4 years, wife wants a seperation and plans to take the kids out of state leaving grandparents, family, behind. if she leaves before father can file divorce/seperation, does he have any options to get the kids back? or is he screwed.
Either one of the parents need to file in Court for legal separation/dissolution and then nonparents (grandparents/family) can petition for visitation rights which can then fight the move.
If grandparents want help give me a call.
Mr. Kubler is wrong. Family other than parents have no custody or visitation rights in California, unless they have a guardianship or similar quasi-parental relationship with the children. To answer your direct question, since the family has lived here for four years, California has jurisdiction over the children, and will retain that jurisdiction for six months after they leave and can order the children returned to CA. Any other state will enforce such an order if obtained any time up to six months. After that, jurisdiction will be in the state they move to. Unfortunately, if he father is going to remain incarcerated for any length of time, even if he files in CA and stops the move or makes her return the children, the mother probably has a very good case to obtain court permission to move. So unless he's getting out soon, all he would really do is delay the inevitable.
No I'm right. Mr. McCormick just doesn't understand or know what I was talking about. The parents have to have a case THEN nonparents can petition for visitation rights. Grandparents have a specific statute that spells it out and there is nothing about guardianship or quasi-parental relationship. There needs to be a preexisting bond between the grandparent and grandchild for visitation to be in the child's best interest THEN the court has to balances the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority.....most often grandparents get visitation rights when one parent dies or in your case when a parent is stuck in jail.
I was named as a beneficiary of my father's estate on his last will & testament back in 1985. In 1990 he excluded my name from his last will & testament. Also, I have 2 biological siblings who were excluded from the beginning. I would like to know if biological children have any rights to his estate? He passed away on September 8th, 2011, and this is in the state of Iowa.
Thanks for your time
If you were written out of his will in 1990 there is little that you or the other heirs can do about it now. You could choose to contest the will but it is a very expensive and time consuming process with little promise of a favorable result.
My husband signed a non-solicitation agreement when he started his flooring sales position. He has been offered a position in the same field, but handling apartment property accounts rather than commercial builders (what he currently handles). 1) Will his non-solicitation cause him issues, since he has never handled apartment properties with his current employer, and 2) since the non-solicitation shows Ohio (we are in Indiana), does that void it altogether?
It would be difficult to accurately answer your question without actually reading the entire agreement. It is possible that there are no issues, but the safe approach would be to take the agreement to a business attorney for review and opinion.
I am australian. My friend is charged with murder in USA and is pleading not guilty. If I visit him and he confesses to me, must I report it to the police?
You probably wont need to report it. Remember if he confesses though you could be a witness and testify what he confessed to. Many jail conversations are recorded so it best if you visit him not to discuss the situation at all.
I agree with Mr. Green. The best thing to do is at the beginning of the visit, tell your friend not to talk about the incident. Otherwise you may be called as a witness and be asked to incriminate your friend. Also a tape of the conversation may be played before the jury.
You probably wouldn't have an affirmative duty to report it. But if you are questioned by the authorities and they ask you what he said, you would probably have to tell them. The same would be true if they subpoena you to testify.
Are you allowed to file a small claims suit against someone if you have a verbal agreement with witness present?
As a Franchise Attorney I can say this. Generally speaking, oral contracts can be just as enforceable as written ones. You can talk with a small claims court adviser who will help you with the specifics of your case. Or, consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
i was arrested by a detective from gallatin tn....in mcminnville tn....3 counties away....no mc minnville police no county police...i wasnt taken to any jail processed or anything ...i was cuffed and taken to gallitan tn then read my rights there.......was this legal or was i kidnapped basically
If there was a warrant properly sworn against you in Gallatin (Sumner County), you can be arrested on that warrant by any peace officer regardless of the jurisdiction, Memphis could arrest you on a Knoxville warrant. Then you must be transported to the jurisdiction where the warrant was issued for an appearance before a judge or magistrate.
If there is no warrant outstanding, the officer must have "probably cause" to believe a felony was committed and you committed it. Then he may arrest you, but again he must take you before a magistrate or judge. You cannot be lawfully arrested on a misdemeanor offense anywhere unless there is a warrant or the misdemeanor was committed in the officer's presence.
Your story stops after being transported to Gallatin (Sumner County). What happened there?
MY BROTHER PASSED AWAY I AM HIS SISTER CAN i BE APPOINTED AS PERS REP
If your brother had a will, then look to the will as to who should seek to be appointed Personal Representative. If he had no will, then look to next of kin as to who would most likely be appointed, though for good reason, anyone further related could be. Next of kin would go thus: spouse, adult children, parents, siblings, in that order. If he had no will indicating that the PR could serve without bond, a bond would probable be required.
I have violated my probation
I was orginally charged with a a felony but plead down to a misdeminor,in the state of ohio after being sentenced i returned to NYC where Iam orgianlly from I want to get this situation straighten out how can I? I was told that I violated probation but I will not return to Ohio because there is now a warrant for my arrest ......what should I do?
Re: I have violated my probation
The first thing you need to do is contact a criminal defense attorney in the city in Ohio where the court is located. If you have violated your probation, then you will be required to appear in court to answer to the supposed violation. An attorney can first tell you if a probation violation has been issued against you and if so what sort of penalty you might be facing for a violation.
If you remain in New York, the court in Ohio still has the power to bring you back from New York to answer to the violation. If you would like to get the situation straightened out, your best course of action is to have an attorney speak with the court to set a court date for you and to try to get the arrest warrant lifted.
If you have any further questions, feel free to contact me.
Re: I have violated my probation
It depends. What county in Ohio are you dealing with?
I was wondering if online out of state payday lenders are legal in Iowa? I cant seem to find a common answer to this. I'm stuck in a never ending fee battle that I am starting to lose grip of. Wish I had known how bad they were the first time I got one.
Check in with the Iowa Attorney General. They may not be licensed.
http://www.iowa.gov/government/ag/consumer_advisories/credit_finance/payday_loans.html
How to amended an Order of Summary Administration .
The same way you originally obtained the Order itself. It requires an attorney.
Call my office is you need assistance.
Your question begs the question, since most legal counsel only charge a nominal amount for this short and summary type of proceeding, a First Amended Petition for a Summary should also be quick. But as I mention here, having practiced in excess of 40 years I know there is much left unsaid in this question, and you will have to comply much as Attorney Kaplan indicates, and pull the same type proceeding with notices, time periods, creditor involvement, and be certain the juridictional caps at $75,000 are still met and not exceeded when the prior amount is now added to any second amount of newly claimed properties or else decedent is now dead for more than 2 full years. Chapter 735 of the Florida Laws would still apply, and remembers that the spouse and or beneficiaires may need to sign if appropriate under the circumstances. As stated above - You need a Lawyer.
Hope this helps.
ex wife got the house in devorce she is not paying morgage. loan is in my name she is co sighner
When she got the house, she should also have been required to refinance mortgage. Talk with your lawyer.
"My writing partner has drawn up a non-disclosure agreement for potential actors, agents, etc. to sign so that we can discuss our story ideas with them. She is using a name de plume and not her legal name in the document, however, my real name is in this document. Does this put me at risk legally?
Unless your writing partner is also an attorney, I would suggest that using a non-attorney to draft a nondisclosure agreement for two partners, one using an assumed name, is too risky from the twin standpoints of (a) being ineffectual to prevent disclosure and (b) presenting an inaccurate legal description or picture of the writing venture, to be worth attempting. On the other hand, I doubt that it puts you "at risk legally" except that it may fail to provide the partnership with the desired protection against unwanted disclosures.
It is a felony to owed money to an internet cash advance place?
Not sure if I understand your question, but it's not a felony just to owe money. That's usually a civil matter unless you committed fraud or something similar.
Can I give my attorney a gift "Hermes Handbag" for doing a great job in my criminal case?
Yes. There is no prohibition against "gifting" your lawyer for a great job. Criminal lawyers cannot set fees based on the outcome - that is the only prohibition.
I am currently in a lease with an apartment complex in Dayton, OH. I have had so many problems with this complex not even a month after I have moved in. I am dealing with very untruth and unethical people of management. I have went so far as to getting a lawyer and he wrote a letter on my behalf stating laws and inquiring about an escrow account. The lawyer that is representing the apartmetn complex wrote my lawyer back with so many lies about what they have done and all sorts of things. I have so much documentation to prove the lies including recordings. What can I do to get out of this lease properly and possibly get my money back? I am going to set up an escrow account but I need some more advice. Unfortunately I had to get rid of my lawyer due to him never communicating with me at all.
In Ohio, if a landlord is not fulfilling his duties under Ohio Revised Code Section 5321.04, you can turn to your remedies in Ohio Revised Code 5321.17 which are outlined here:
http://www.ohiolandlordtenant.com/faq1.html
This talks about escrowing the rent and/or terminating the lease agreement if the conditions are so serious that that is warranted.
One last way to get out of a lease for failure to repair is to call the city code inspector and bring them out to the home. If they find that the conditions are bad enough, they will issue a 24 hour emergency eviction order tossing you out of the place in 24 hours and then they will come by and board it up.
You want to time this inspection though so that you will have a group of people standing by to get your stuff out of there and also to a time when you have a new place to go to.
If you are picked up by law enforcment and brought to jail and released on bail but at the next hearing they cancelled can i still be charged with anything i'm out on bail and npo charges have been brought up in two weeks?
Yes, regardless of whether you are on bail or not, prosecutors in WI have the authority to charge virtually anything they want, at any time prior to the expiration of six years from the date of the offense. The six year statute of limitations can be extended for any years when you were out of state or otherwise not available for prosecution. Bail (or the lack thereof) does not have any influence upon such "prosecutorial discretion." I do not quite understand what you mean when you say "they canceled" at the next hearing, but would guess this means that the charges were dismissed. However, in most cases, a voluntary dismissal by the district attorney early in the history of a case would not prevent them from re-issuing the charges. Cases are often dismissed on a temporary basis due to unavailability of witnesses, etc., only to be pursued again later. If you are facing criminal charges, you owe it to yourself to retain an experienced lawyer, or ask that the court appoint one for you if you cannot afford one. My comments here are not intended as legal advice but are instead offered solely for public educational purposes. This answer does not create any attorney client relationship between us, although you are welcome to contact me at my Racine office for additional follow-up.
Summary judgment hearing sched for 8-9-12. Wed 8-9-12 is deadline to respond. Need to continue (or deny)msj hearing for further discovery. ...opposing side has not been forthcoming. What is procedure & required docs needed to request on mon 7-23 an exparte hearing on tues 7-24 to continue summary judgment 4-6 mths befor wed deadline? Urgent matter. Thank you. 916.342.4924.
You can't even get your dates straight and you hope to win a case? IF you have an 8/9 MSJ hearing your deadline for responding is THURSDAY of next week. You are never going to get a 4-6 MONTH continuance either. IF you manage to get a continuance at all, you will get just enough time to conduct the discovery needed. You really are in over your head. You are about to prove the old saying that if you think you can't afford a lawyer you must be sure you can afford to lose the case.
But if you insist on losing with the maximum of wasted effort, here is where you can find what you need to do to file an ex parte motion:
http://www.saccourt.ca.gov/civil/motions-hearings-exparte.aspx
And the 3.1200 series of rules here: http://www.courts.ca.gov/documents/title_3.pdf
I agree you likely need a lawyers guidance to oppose an MSJ. To get any additional time you need to follow specifics in CCP 437c. There is a section specifically talking about needing additional discovery or more time. But you need to follow it to letter. Good luck.
You should have spoken to a lawyer as soon as you received the motion for summary judgment, if not sooner.
Im fighting a CPS custody case in Texas, my question is I feel th judge on this case is more into the mothers side and is not being neutral is there a way to ask for a new judge? The case it stills open.
Basically, I doubt it.
You need to hire an attorney.
You need to talk to an attorney in person about your concerns in person.
Look on this website & on www.avvo.com
I found out my father died on Jan 22, 2012. I was not notified. He and my mother were never married and paternity was not established until I was 15. And then it was through the local DHS doing a DNA test. I know he had one other child. My question is how can I find out information regarding his estate? He was not a poor man at all.
Miss. Code 91-1-15 provides a time limitation which may be as short as 90 days after the demise of your father in which to file a petition for paternity in order to preserve your right to inherit through your father. As a family member you may seek to be appointed as the administrator of your father's estate. An estate would normally be opened in the Chancery Court for the county where your father resided. If one has been opened, the administrator can provide information and send you notices of court filings, etc.
Is alimony ever permitted when couples are not legally divorced?
Yes, it can take the form of spousal support or APL Alimony Pending Litigation.
John
I received a voicemail from an unknown number from Jessica Campbell and I could barely hear the name of company and she said an affidavit with my name and social security number on her desk and to call her immediately, she didn't state what it was for and she needed a statement and to call back and if not there would be criminal charges and jail, and gave a number to reach her with an extension, I have had payday loans but I have paid them, Could you please help?
Criminal charges and jail based upon your refusal to respond to some
ill-identified telephone caller? No, not hardly, but, if perchance, you
should have occasion to speak with this apparent predator again, tell her that she can send copies of all the legal paperwork supposedly associated with this matter to the name/address indicated on this affidavit but DO NOT confirm anything that may be on it nor provide her with any new contact information for you (would be my advice).
If I as paternal grandparent persue the paturnity of my son's possible child what are the repercussions? If my son refuses to pay child support, will I be held responsible?
In Arkansas, a grandparent may petition for visitation with biological grandchildren. No support obligation is imputed to the grandparent.
my son 12 yo was issued a citation for dissorderly conduct fighting. It was clearly self defense but according to school policy both parties are at fault. Am i better off pleading innocent on grounds of self defense or pleading guilty and paying the fine or should we hire a lawyer?
If he's not guilty, you should plead "not guilty."
It would be a good lesson for your son to learn that:
1. He doesn't have to let himself be attacked.
2. He doesn't have to go along with the system.
3. He will occasionally find himself aligned against stupid, bumbling bureaucracies, and he should fight for what's right.
What kind of trouble would a person get into if they used some of the estate money? It has gone through the 6 month and 10 days state and then the 20 days at the court house. The only thing left is the judge has to sign it now. There were no issues with the estate.
The range is from excused by the heirs and Court to paying restitution and jail time. It all depends upon the facts. If you have concerns that someone may have misused estate funds, bring it to the attention of the attorney handling the estate.
Good luck
The county would like to build a channel on our property as part of a larger drainage system. As private land owners are we liable for any injuries that would occur in the channel both on our property or in the system as a whole?
Assuming the channel is an open canal or ditch drain, you will typically not be held liable for injury occurring within the channel as the county will either hold title to the property or an easement allowing its existence on your land. Since they are "creating the problem," you will most likely not be held liable if someone injuries themselves in the channel. The county government will be responsible to enure the channel does not present an unreasonable danger to the public.
That being said, if conditions on your property cause the channel to be a greater danger, you could be held liable for injuries. An example of this that I have seen includes an instance where a city installed a drainage ditch and fenced both sides of the channel, but the property owner created a hole in the fence and allowed people to access the channel through the hole. Another example I've witnessed is where a property owner created a small "pier" out into an public water canal and a zip-line across it for recreational purposes. In these instances, the property owner would most likely be liable because they created the conditions that facilitated an injury.
The most practical approach is to cooperate with the county and ensure they construct and maintain adequate safeguards against personal injury. If you do so, you should not have to worry about any liability concerns. It will be the county's problem.
If you have further questions, please do not hesitate to contact me.
-Riley Snow
[email protected]/* */
can i file bankruptcy without my husand these are charger cards
Yes. Each spouse can file on his or her own.
I came to this country when I was 3 years old with my parents who were illegal immigrants. I am now 28 years old. I heard that starting August 16, 2012 I can apply for work permit which has to be renewed every two years. I went on site Chirla.com where I learned this. My question is - What is better for me - to use this opportunity and come out with hope that I will be able to apply for the green card or stay in hiding as once I come out, I may be subjected to deportation later on as the law will change again with new politics?
If you decide to apply for deferred action, you will be given the opportunity to legally work. You may be able to renew the deferred action after the two years is up. You may request consideration of deferred action for childhood arrivals if you:
- Were under the age of 31 as of June 15, 2012;
- Came to the United States before reaching your 16th birthday;
- Have continuously resided in the United States since June 15, 2007, up to the present time;
- Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
- Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
- Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
- Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety
If you would like further information, please do not hesitate to contact an immigration attorney.
Seeta L. Nangia, Esq.
Law Offices of Seeta Nangia
Exclusively Practicing Immigration Law
Phone: (415) 273-9123
Email: [email protected]/* */
Website: www.nangialaw.com
Im 15 and my girlfriend is 19 and pregnant can my parents pres charges or do anything about it
She could be charged with statutory rape but it is unlikely when the minor is male unless she is his teacher or has some authority over him. How do you expect to raise a child when you probably can not find any work because of your age and your need to remain in school to graduate?
Recently I was arrested for the following statutes: HS 11377(A), HS 11379(A), HS 11378. I bailed out the same day. When I went to court I was told that the DA had not brought up charges. The judge said it could be for different reasons, like the DA was waiting for another agency etc. I was given options for another court day or have a letter mailed. I choose for another court day.
Also, when they arrested me there were somethings that was weird. First there was no reason for them to stop me and the officers thru their cars in front of mine like they had been waiting for me. They pulled me out the vehicle without any questions and searched my car even after I told them I did not give them permission. They took me to the police station and I had to tell them to read my right even after they had interrogated me.
What should I do, should I get a lawyer or wait for my court day? Is there a point to get a lawyer since their are not charges?
After I wrote and got a response something's changed. I got a letter telling me a had court on the same charges at a different court on a different date. Do I need to go to both courts? What does having two court days mean?
It sounds as if there may be a jurisdictional issue, meaning the court address you were originally given was not in the correct jurisdictional district, or, it is a totally different case, if that is possible (if there was more than one incident/ arrest/ investigation.)
It is always better to hire an attorney, so do so if you can afford. Otherwise, I would go to both courthouses yourself, both dates and keep the letter. Good luck!
I would get an attorney. You have charges filed against you, and it is a good idea to get professional legal advice early, rather than when it is too late.
You now know you're facing felony charges. You are absolutely going to need an attorney. There may be issues with the legality of the police contact and your search & questioning. The only way to know is with your attorney and a full review of the case.
There may be a legitate reason why they filed on a different court, but without seeing everything, I cannot guess.
I live in California. My divorce was final in August 2010. As part of the settlement, I am to get $225,000 plus 10% interest upon the sale of a house. There was an AOJ filed indicating the $225,000 but the 10% was not noted. My divorce attorney said that that was automatic. Is this true?
Yes. Check out the these links for the code and further information:
http://law.justia.com/codes/california/2009/ccp/685.010-685.110.html
http://www.courtinfo.ca.gov/selfhelp/smallclaims/collectintro.htm#computeinterest
Divorce judgments are legal judgments. All legal judgments bear legal interest, as a matter of law. That rate is 10%.
I was at fault in a car accident. The car was in my fathers name, and the people in the car I rear ended are claiming injuries. (insurance said it may go to trial)If it goes to trial, what will happen? Will my father have to pay money??
There are law firms that devote entire practices to automobile negligence.
My Firm is not one of them, my litigation and transactional practice is much broader, but I can help you:
--If insurance covers everything you will owe nothing. And remember that the whole purpose of insurance is to make pay outs if proper without then turning around to collect from you or your father as insureds.
--The insurance company will provide you and your father with an attorney, pretty much free of charge. If you are unhappy with the selection you can ask the insurance company to appoint someone else.
-- It never hurts to call your agent to determine if there will be any increase in premium due to the accident. If so you may wish to compare that cost to the amount of damages claimed.
--If there is insurance but it is insufficient to cover a settlement or judgment you may have to pay a balance- In that event your attorney will want to negotiate a reduction in the judgment and periodic partial payments. Most of the time Plaintiff's attorneys will settle for an amount less that the "policy limits".
--The Plaintiff's attorneys might err during trial resulting in a judgment in your favor (it happens all the time)
--Unfortunately, trials can be expensive because you will have to hire a "high cost" expert on the negligence issues and another on "medical" issues. An attorney may want to hire an expert early in the proceedings (to assist, for example, at mediation [supervised negotiations]). Or the attorney may want to hire an expert closer to trial (hoping, perhaps, for a settlement before experts are necessary).
- Because of damage to your father's car there will be a CarFax on file letting prospective purchasers know that the car was in an accident- Sorry!!
--Not every rear-ender is the fault of the car in front.
--Insurance companies have a second and keen sense for trumped up damages by a Plaintiff.
--As the owner of the car (considered a "dangerous instrumentality") your father, subject to insurance coverage, could be responsible.
--This scenario may involve Florida's No-Fault laws.
--The situation could perhaps be more complex if you and your father had separate insurance policies
This is not a legal opinion, simply observations. To obtain a legal opinion you must formally engage Florida counsel and confer.
Seek some legal guidance. Yes your father may be responsible for excess damages beyond insurance coverage. You need to make sure that the insurance company has been put on notice of your desire to have the case settled within the policy limits.
Both you and your father may be liable for an excess judgment. You should retain a private attorney to protect your interests. I do this work all the time.
